By Peter Adamu
After taking to the streets to protest Cabinet's decision on Guy Scott, Patriotic Front youths are planning to file an injunction to stop the Vice-President from acting as Republican president because the constitution bars him from occupying that position following the death of President Michael Sata on Tuesday.
The youths' resolve is strengthened by activist Chilufya Tayali - the executive director at Zambian Voice - who says the Zambians courts should interpret the law on whether Dr Scot,t who President Michael Sata found incapable of acting as Head of State, can take over after his death.
Heritage party president Godrey Miyanda has also reiterated that said Dr Scott did not qualify to act as President nor was he eligible to contest the presidency under the current constitution.
Veteran politician Vernon Mwaanga has also observed that the Patriotic Front Cabinet has gone against President Michael Sata's wishes by appointing Dr Scott to act as Head of State and the safest way of resolving this constitutional challenge is to seek the interpretation of the courts of law.
According to the Daily Nation, Tayali said he was going to court to seek clarification on whether Justice Minister Edgar Lungu handed over the instruments of power to Dr Scott who President Sata did not see fit to act as Head of State. Zambia Reports sources disclose that Tayali may be joined by a consortium of PF youths who want the matter resolved.
He said he wanted the courts to determine whether cabinet was in order to allow Dr Scott to take over the office of the President when President Sata left Mr Lungu in charge of State affairs.
Tayali said his view was that since President Sata left the instruments of power with Lungu, he should have been allowed to preside over the mourning period and the Presidential election within 90 days so that he could hand over the instruments of power to the next Head of State.
He argued that only a substantive Head of State could receive the instruments of power from an acting president and not the Vice President who Sata never saw fit to hold the office in an acting capacity.
Msiska said government had taken note of the incessant queries raised over the matter and will lay the matter to rest. He said Mwenye will give a detailed response highlighting government's position.
"We have instructed the Attorney General to issue a very detailed explanation about all these articles," Msiska said.
"I would wanted to do that I would leave it to the principal legal advisor in as far as that particular issue is concerned because that statement will be released by the Attorney General who is the principal legal advisor of government."
Questions have arisen over what transpired prior to and during the cabinet meeting that was held immediately after the death of President Michael Sata.
Lungu was left with the instruments of power and questions have arisen over whether they were correctly revoked from him.
"It is a very clear issue they are only referring to article 39, there is also article 38 it is a position which has already been taken as far as government is concerned. We have done things according to procedure and law," said Msiska.